사기등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[2019 Highest 5040]
1. Events, such as writing, electronic records, etc.;
A. On November 2018, the Defendant committed the crime against the victim B, using the fact that he knows the identity cards D and credit card numbers of the victim B and the legal representative of the victim, who was a customer in the past in Gwangju North-gu, Gwangju, with the intention of opening a new mobile phone in the name of the victim.
As a result, the Defendant had access to “F”, a website, entered the victim’s name, date of birth, resident registration number, the said credit card number, and the victim’s legal representative’s resident registration number D, etc., and opened the victim’s ID X64GB mobile phone (G) in the victim’s name. On January 18, 2019, the Defendant changed the devices of the mobile phone that was opened with the said number to Aphone X Max 64GB at the same place.
As a result, the Defendant drafted an online order application under the name of another person, “Emmoble”, which is an electronic record of another person’s electronic records concerning rights and duties for the purpose of hindering the performance of duties, and subsequently transmitted online order order application to a person in charge of E, who is aware of such fact, via the Internet as if the online order application was duly concluded.
B. On October 29, 2018, the Defendant committed the crime against the victim D using his/her identification card and credit card numbers in the name of the victim, namely, that he/she was aware of the past customer B and his/her legal representative D, and used them to open a new mobile phone in the name of the victim.
Therefore, the Defendant connected “F”, which is the Internet sales site, entered the victim’s name, date of birth, resident registration number, and the credit card number, etc. in the “Emblet 64GB application form,” and opened the victim’s ID X 64GB mobile phone (H) in the same manner as the victim’s name around November 2, 2018.
In this respect.